FCIM106100 - Where CDF offer is made up to 29 June 2014: managing the detailed disclosure process: business side papers

Where the taxpayer has accepted the offer of a CDF and agreed to provide an Outline Disclosure, it will be unusual to seek immediate possession of original business records.

As well as the taxpayer obviously needing these for the proper conduct of the business, the adviser preparing any disclosure report will need ready access.

In most cases it will be sufficient to ask the taxpayer (and record their agreement) that in the spirit of cooperation all records, business and private, be preserved until the investigation is closed. No records should be destroyed, transferred to another person, weeded, moved out of the jurisdiction, or in any other way rendered inaccessible. Taxpayers should be reminded of their statutory responsibilities - under ITSA businesses must retain certain records for five years after the fixed filing dates and non-business individuals for one year (CH14500). Companies are bound by the Companies Acts and under CTSA all companies have to retain records for six years from the end of the accounting period (CH14600). Records required to be retained under VAT rules may have to be kept for up to six years (CH15000).

However if records are not removed they should, wherever possible, be listed.

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